VICENTE MALDONADO, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee.

6 Fla. L. Weekly Supp. 481a

Insurance — Personal injury protection — Coverage — Non-resident

VICENTE MALDONADO, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee. 12th Judicial Circuit in and for Manatee County. Case No. 97-02-AP. Lower Court Case No. CL 95-696. November 23, 1998. Durand J. Adams, Judge. Counsel: Peter Tanksley, Sarasota, for Appellant. Randy L. Stowell, Reynolds & Stowell, P.A., St. Petersburg, for Appellee.

AMENDED MANDATE

[Original Opinion at 6 Fla. L. Weekly Supp. 316b]

Upon consideration of Appellant’s Motion for Clarification of Decision, served on April 14, 1998, the court grants the motion and amends the mandate to reserve jurisdiction over appellant’s amended motion for appellate attorney fees. Specifically, the appealed judgment is reversed and the cause is remanded to the trial court for further proceedings in the nature of a judgment on the pleadings or a summary judgment on the issue of coverage and such other matters as the trial court finds appropriate, taking into consideration the jury’s finding that Appellant, Vicente Maldonado, was not a resident of Florida at the time of the accident. The court reserves jurisdiction to determine appellant’s amended motion for appellate attorney fees, including the issues of entitlement and amount, upon final disposition of the cause in the trial court.

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